40 W. Va. 337 | W. Va. | 1895
The Circuit Court of Wood county, at the August term, 1892, entered a final decree dismissing a bill of review filed by Camden Spencer in the chancery cause of W. N. Chancellor v. E. M. Spencer et al., for the reason that the errors assigned were not sufficient to authorize a review and reversal of the decree complained of, and from this decree Camden Spencer and E. M. Spencer appeal to this Court.
The errors assigned are as follows, to wit: (1) Because it is apparent upon the face of the bill and the papers of the cause that the decree rendered in the said* suit of W. N. Chancellor was wholly erroneous, in that the minor children of E. M. Spencer and Mary P. Spencer, deceased, whose
The decrees sought to be reviewed were entered in a suit brought by W. N. Chancellor, to enforce a judgment lien against two certain pieces of property alleged to be owned by the judgment debtor, E. M. Spencer to wit: (1) A life estate in a certain house and lot belonging to Mary P. Spencer, deceased, his wife. (2) An undivided interest in a certain wharf property. E. M. Spencer, though a party served with process, made no appearance or defense, but permitted the decrees to be entered on bill confessed.
Camden Spencer was not a party, nor in privity with any party, to the suit; and he could not be bound, nor could his rights be affected, by any decree entered therein, and there
As to E. M. Spencer, while he might have had the right to have all the parties interested in the two properties before the court, and have had them partitioned or sold as a whole, yet by his negligence he acquiesced in the proceedings in the suit, and can not now be heard to complain. Bart. Ch. Prac. 335.
The decree complained of is therefore affirmed.